Cates v. United States of America

Filing 44

ORDER signed by Judge J.P. Stadtmueller on 7/19/2018. 1 Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 is GRANTED. The Court's 7/30/2012 Judgment in Petitioner's Criminal Case (11-CR-200-JPS, Docket #54) is VACATED, and the Criminal Case is to be REOPENED for further proceedings. 19 The Court's 1/27/2016 Judgment in this civil action (14-CV-1092-JPS) is VACATED and this CASE is DISMISSED. See Order. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,

Case No. 11-CR-200-JPS

v.

ORDER

LADMARALD CATES,
Defendant.
LADMARALD CATES,
Petitioner,

Case No. 14-CV-1092-JPS

v.
UNITED STATES OF AMERICA,

ORDER

Respondent.
In January 2012, Defendant Ladmarald Cates (“Cates”), a former
Milwaukee police officer, was convicted by a jury of deprivation of rights
under color of law, including aggravated sexual assault, in violation of 18
U.S.C. § 242. (Case No. 11-CR-200-JPS (the “Criminal Case”), Docket #22
and #26). On July 30, 2012, Cates was sentenced to 24 years’ imprisonment
for the offense of conviction. (Criminal Case, Docket #54).
Cates subsequently filed a motion to vacate his conviction and
sentence under 28 U.S.C. § 2255, raising 19 claims, including several based
on ineffective assistance of counsel. (Case No. 14-CV-1092-JPS (the “Habeas
Case”), Docket #1). This Court denied his motion. (Habeas Case, Docket
#18). Cates appealed the denial of his Section 2255 petition, and the Seventh

Circuit Court of Appeals reversed the denial, holding that Cates received
ineffective assistance of counsel at trial. See Cates v. United States, 882 F.3d
731 (2018). The mandate issued on May 22, 2018. (Habeas Case, Docket #39).
In light of the Seventh Circuit’s mandate reversing the judgment of
this Court in Cates’ Habeas Case and remanding for further proceedings,
the Court will grant Cates’ Section 2255 motion and order that the
conviction and sentence in his Criminal Case be vacated. The Clerk of the
Court is directed to reopen the Criminal Case for further proceedings.
Accordingly,
IT IS ORDERED that Ladmarald Cates’ motion to vacate, set aside,
or correct his sentence under 28 U.S.C. § 2255 (Case No. 14-CV-1092-JPS,
Docket #1) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that the judgment against Ladmarald
Cates in the Habeas Case (Case No. 14-CV-1092-JPS, Docket #19) be and the
same is hereby VACATED, and the Clerk of the Court is directed to enter
judgment in the Habeas Case in his favor;
IT IS FURTHER ORDERED that the judgment in Ladmarald Cates’
criminal case (Case No. 11-CR-200-JPS, Docket #54) be the same is hereby
VACATED and that the Criminal Case be reopened for further
proceedings; and
IT IS FURTHER ORDERED that Ladmarald Cates’ Habeas Case
(Case No. 14-CV-1092-JPS) be and the same is hereby DISMISSED.
Dated at Milwaukee, Wisconsin, this 19th day of July, 2018.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge
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